FreeSurfer Software License Agreement
Version 1.0, February 2011
This Agreement covers contributions to and downloads from the FreeSurfer project
("FreeSurfer") maintained by The General Hospital Corporation, Boston MA, USA
("MGH"). Part A of this Agreement applies to contributions of software and/or
data to FreeSurfer (including making revisions of or additions to code and/or
data already in FreeSurfer). Part B of this Agreement applies to downloads of
software and/or data from FreeSurfer. Part C of this Agreement applies to all
transactions with FreeSurfer. If you distribute Software (as defined below)
downloaded from FreeSurfer, all of the paragraphs of Part B of this Agreement
must be included with and apply to such Software.
Your contribution of software and/or data to FreeSurfer (including prior to
the date of the first publication of this Agreement, each a "Contribution")
and/or downloading, copying, modifying, displaying, distributing or use of any
software and/or data from FreeSurfer (collectively, the "Software") constitutes
acceptance of all of the terms and conditions of this Agreement. If you do not
agree to such terms and conditions, you have no right to contribute your Contribution,
or to download, copy, modify, display, distribute or use the Software.
PART A. CONTRIBUTION AGREEMENT
License to MGH with Right to Sublicense ("Contribution Agreement")
As used in this Contribution Agreement, "you" means the individual contributing
the Contribution to FreeSurfer and the institution or entity which employs or
is otherwise affiliated with such individual in connection with such Contribution.
This Contribution Agreement applies to all Contributions made to FreeSurfer,
including without limitation Contributions made prior to the date of first publication
of this Agreement. If at any time you make a Contribution to FreeSurfer, you
represent that (i) you are legally authorized and entitled to make such Contribution
and to grant all licenses granted in this Contribution Agreement with respect
to such Contribution; (ii) if your Contribution includes any patient data, all
such data is de-identified in accordance with U.S. confidentiality and security
laws and requirements, including but not limited to the Health Insurance Portability
and Accountability Act (HIPAA) and its regulations, and your disclosure of such
data for the purposes contemplated by this Agreement is properly authorized
and in compliance with all applicable laws and regulations; and (iii) you have
preserved in the Contribution all applicable attributions, copyright notices
and licenses for any third party software or data included in the Contribution.
Except for the licenses granted in this Agreement, you reserve all right, title
and interest in your Contribution.
You hereby grant to MGH, with the right to sublicense, a perpetual, worldwide,
non-exclusive, no charge, royalty-free, irrevocable license to use, reproduce,
make derivative works of, display and distribute the Contribution. If your Contribution
is protected by patent, you hereby grant to MGH, with the right to sublicense,
a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
license under your interest in patent rights covering the Contribution, to make,
have made, use, sell and otherwise transfer your Contribution, alone or in combination
with any other code.
You acknowledge and agree that MGH may incorporate your Contribution into FreeSurfer
and may make FreeSurfer available to members of the public on an open source
basis under terms substantially in accordance with the Software License set
forth in Part B of this Agreement. You further acknowledge and agree that MGH
shall have no liability arising in connection with claims resulting from your
breach of any of the terms of this Agreement.
YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION DOES NOT CONTAIN
ANY CODE THAT REQURES OR PRESCRIBES AN "OPEN SOURCE LICENSE" FOR DERIVATIVE
WORKS (by way of non-limiting example, the GNU General Public License or other
so-called "reciprocal" license that requires any derived work to be licensed
under the GNU General Public License or other "open source license").
PART B. DOWNLOADING AGREEMENT
License from MGH with Right to Sublicense ("Software License")
As used in this Software License, "you" means the individual downloading and/or
using, reproducing, modifying, displaying and/or distributing the Software and
the institution or entity which employs or is otherwise affiliated with such
individual in connection therewith. The General Hospital Corporation, Boston
MA, USA ("MGH") hereby grants you, with right to sublicense, with respect to
MGH's rights in the software, and data, if any, which is the subject of this
Software License (collectively, the "Software"), a royalty-free, non-exclusive
license to use, reproduce, make derivative works of, display and distribute
the Software, provided that: (a) you accept and adhere to all of the terms and
conditions of this Software License; (b) in connection with any copy of or sublicense
of all or any portion of the Software, all of the terms and conditions in this
Software License shall appear in and shall apply to such copy and such sublicense,
including without limitation all source and executable forms and on any user
documentation, prefaced with the following words: "All or portions of this licensed
product (such portions are the "Software") have been obtained under license
from The General Hospital Corporation and are subject to the following terms
and conditions:" (c) you preserve and maintain all applicable attributions,
copyright notices and licenses included in or applicable to the Software; (d)
modified versions of the Software must be clearly identified and marked as such,
and must not be misrepresented as being the original Software; and (e) you consider
making, but are under no obligation to make, the source code of any of your
modifications to the Software freely available to others on an open source basis.
The license granted in this Software License includes without limitation the
right to (i) incorporate the Software into proprietary programs (subject to
any restrictions applicable to such programs), (ii) add your own copyright statement
to your modifications of the Software, and (iii) provide additional or different
license terms and conditions in your sublicenses of modifications of the Software;
provided that in each case your use, reproduction or distribution of such modifications
otherwise complies with the conditions stated in this Software License.
This Software License does not grant any rights with respect to third party
software, except those rights that MGH has been authorized by a third party
to grant to you, and accordingly you are solely responsible for (i) obtaining
any permissions from third parties that you need to use, reproduce, make derivative
works of, display and distribute the Software, and (ii) informing your sublicensees,
including without limitation your end-users, of their obligations to secure
any such required permissions.
The Software has been designed for research purposes only and has not been reviewed
or approved by the Food and Drug Administration or by any other agency. YOU
ACKNOWLEDGE AND AGREE THAT CLINICAL APPLICATIONS ARE NEITHER RECOMMENDED NOR
ADVISED. Any commercialization of the Software is at the sole risk of the party
or parties engaged in such commercialization. You further agree to use, reproduce,
make derivative works of, display and distribute the Software in compliance
with all applicable governmental laws, regulations and orders, including without
limitation those relating to export and import control.
The Software is provided "AS IS" and neither MGH nor any contributor to the
software (each a "Contributor") shall have any obligation to provide maintenance,
support, updates, enhancements or modifications thereto. MGH AND ALL CONTRIBUTORS
SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL MGH OR ANY CONTRIBUTOR BE LIABLE
TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED
TO THE SOFTWARE, EVEN IF MGH OR ANY CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW OR REGULATION,
YOU FURTHER ASSUME ALL LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE
WORKS, DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO INDEMNIFY
AND HOLD HARMLESS MGH AND ALL CONTRIBUTORS FROM AND AGAINST ANY AND ALL CLAIMS,
SUITS, ACTIONS, DEMANDS AND JUDGMENTS ARISING THEREFROM.
None of the names, logos or trademarks of MGH or any of MGH's affiliates or
any of the Contributors, or any funding agency, may be used to endorse or promote
products produced in whole or in part by operation of the Software or derived
from or based on the Software without specific prior written permission from
the applicable party.
Any use, reproduction or distribution of the Software which is not in accordance
with this Software License shall automatically revoke all rights granted to
you under this Software License and render Paragraphs 1 and 2 of this Software
License null and void.
This Software License does not grant any rights in or to any intellectual property
owned by MGH or any Contributor except those rights expressly granted hereunder.
PART C. MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws
of The Commonwealth of Massachusetts without regard to principles of conflicts
of law. This Agreement shall supercede and replace any license terms that you
may have agreed to previously with respect to FreeSurfer.